Common use of Maximum Number of Shares Clause in Contracts

Maximum Number of Shares. Under no circumstances shall the Company propose to the Agents, or the Agents effect, a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would (i) cause the aggregate gross sales proceeds of the Shares sold pursuant to this Agreement to exceed the Maximum Amount, (ii) cause the number of Shares sold to exceed the number of shares of Common Shares available for offer and sale under the then effective Registration Statement or (iii) cause the number of Shares sold pursuant to this Agreement to exceed the number of Shares authorized to be issued and sold from time to time pursuant to this Agreement by the Company’s board of directors, or a duly authorized committee thereof, and notified to the Agents in writing. Under no circumstances shall the Company propose to the Agents a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would cause the number of Shares sold pursuant to this Agreement to exceed 19.9% of the issued and outstanding Common Shares at any applicable time.

Maximum Number of Shares. Under no circumstances shall the Company propose to the AgentsBMOCM, or the Agents BMOCM effect, a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would (i) cause the aggregate gross sales proceeds of the Shares sold pursuant to this Agreement to exceed the Maximum Amount, (ii) cause the number of Shares sold to exceed the number of shares of Common Shares available for offer and sale under the then effective Registration Statement or (iii) cause the number of Shares sold pursuant to this Agreement to exceed the number of Shares authorized to be issued and sold from time to time pursuant to this Agreement by the Company’s board of directors, or a duly authorized committee thereof, and notified to the Agents BMOCM in writing. Under no circumstances shall the Company propose to the Agents BMOCM a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would cause the number of Shares sold pursuant to this Agreement to exceed 19.9% of the issued and outstanding Common Shares at any applicable time.

Maximum Number of Shares. Under no circumstances shall the Company propose to the AgentsBMOCM, or the Agents BMOCM effect, a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would (i) cause the aggregate gross sales proceeds of the Shares sold pursuant to this Agreement to exceed the Maximum Amount, (ii) cause the number of Shares sold to exceed the number of shares of Common Shares available for offer and sale under the then effective Registration Statement or (iii) cause the number of Shares sold pursuant to this Agreement to exceed the number of Shares authorized to be issued and sold from time to time pursuant to this Agreement by the Company’s 's board of directors, or a duly authorized committee thereof, and notified to the Agents BMOCM in writing. Under no circumstances shall the Company propose to the Agents BMOCM a sale of Shares in an Agency Transaction or a Principal Transaction pursuant to this Agreement if such sale would cause the number of Shares sold pursuant to this Agreement to exceed 19.9% of the issued and outstanding Common Shares at any applicable time.